Kroger Co. v. Cellan

McKAY, Justice.

After consideration of appellant’s motion for rehearing, we withdraw our earlier opinion delivered on November 17, 1977, and substitute this opinion in lieu thereof.

This is a personal injury case arising from a fall by appellee in appellant’s parking lot. Trial was before a jury which found appellant guilty of negligence which proximately caused appellee’s injuries, and judgment was rendered for appellee for damages for pain and suffering and medical expenses. Appellant appeals from that judgment.

Appellee filed suit against appellant alleging that appellant was negligent in (1)…